A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

Tagged with: Business Law Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Attorneys Fees Civil Practice Civil Procedure Contract Corporate Intellectual Property Judge G. Steven Agee

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

Tagged with: Contract Justice Elizabeth A. McClanahan Land Use & Zoning Municipal Real Estate Real Property Supreme Court of Virginia

Lured by the prospect of protecting his real estate from creditors, an elderly property owner’s sale of his land to a “holding entity” – which he was (wrongly) told would hold the property in trust – was not voidable on ...

Tagged with: Contract Per Curiam Opinion Real Estate Virginia Court of Appeals Wills & Trusts

The court lacked authority to review, on the plaintiff’s appeal, a dismissal order that simply granted a putative class-action plaintiff’s request for voluntary dismissal. Background Appellant Erin Keena purchased a voucher from Appellee Groupon Inc. In the course of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Class Action Contract Judge Robert B. King

General-liability insurers could enforce their policy limits as to completed-operations and products hazard claims against the insured, stemming from decades-old asbestos exposure. Background This insurance-coverage dispute involves the applicability of two insurers’ policies to past, pending, and future asbestos-related bodily ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Corporate Evidence Insurance Judge James A. Wynn Jr. Personal Injury Regulated Industries

An insurance company did not need to defend its insured, a babysitter, after a jury found that her intentional acts caused the death of the child for whom she was caring. Background This declaratory-judgment action arises from a dispute over ...

Tagged with: Contract Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

The court could exercise personal jurisdiction over a North Carolina company sued for nonpayment by a Virginia contractor, without offending due process principles. Background Plaintiff Joe Rainero Tile Co., d/b/a Permatile, is a Virginia corporation located in Washington County. Defendant ...

Tagged with: Civil Procedure Contract Judge James P. Jones U.S. District Court - Western District

A media company had the right to terminate its distribution agreement when the distributor sent Discovery Channel programming over the “open internet.” Extrinsic evidence weighed strongly against the distributor’s contention that the contract allowed this distribution method. Background This case ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Albert Diaz

In protracted trade-secrets litigation, claims by successor organizations to a government subcontractor failed to demonstrate a valid contractual expectancy that could support their claims of tortious interference with a business expectancy. Background Plaintiffs L-3 Communications Corp. and L-3 Applied Technologies ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District